The context of the controversy
In the background of all this is the question of whether the desire of the board property to terminate the lease was properly communicated. This situation has generated a legal dispute between the tenant and sub-tenant companies, with the operators of the nightclub and the restaurant as the main actors. Although the establishments have been closed for some time, the confusion over the termination of the contract has been the subject of analysis by ordinary judicial authorities.
The intervention of Josep Maria Loan
Another key factor in this controversy is the intervention of Josep Maria Loan, an entrepreneur linked to the business in question. According to a recent opinion of the Constitutional Court, Loan is a partner of the company Pou Salit SL, which participates in the company Buda Espai Andorra SA. The latter is considered the lessee, and Loan is also a partner and sole administrator. His participation in both companies has been the subject of analysis by the courts, which have concluded that Loan could make decisions on behalf of the lessee and bring incidents on behalf of the company Buda Espai Andorra SA.
The arguments of the parties involved
Both the company that operated the business and Buda Espai have submitted legal remedies arguing that their rights have been violated and that the evaluation of the test has been erroneous and arbitrary. However, the Constitutional Court has considered that the civil division of the Superior Court of Justice has issued a reasonable and logical decision, based on the assessment of the evidence and existing jurisprudence.
The decision of the Constitutional Court
The Constitutional Court has endorsed the decision of the civil division of the Superior Court of Justice and has considered that the appeal presented has no constitutional content. Therefore, it rejected the protection appeal and confirmed the launch agreed by the Batllia in March 2023.
